Prolonged sterilisation of development rights supports capital-gains treatment, while business-income disallowances cannot govern capital-gains comput...
Additional evidence in transfer pricing dispute leads to fresh examination, while tax deductions, TDS credit, fee and refund interest require verifica...
Category II AIF pass-through taxation preserves non-business income character; investment receipts cannot be reclassified without applying recognised ...
Mutual fund maturity rules require proper rollover, redemption, disclosure, and due diligence; investor gains cannot excuse regulatory breaches or pen...
Threshold exemption excludes exempt services, while stamp-paper purchases avoid reverse charge; consequential service tax penalties were also set asid...
Restoration of penalty imposed u/s 76, 77 and 78 of FA - On being pointed out, the assessee has immediately paid the service tax along with interest. Given this factual matrix, we are inclined to conclude that these were mere careless mistakes by the assessee without any intention to evade service tax. They fall within the scope of reasonable cause for failure the cause being ignorance or lack of due care. Therefore, the case falls within the mischief of Section 80 of the Finance Act, 1994. - No penalty - AT
Restoration of penalty imposed u/s 76, 77 and 78 of FA - On being pointed out, the assessee has immediately paid the service tax along with interest. Given this factual matrix, we are inclined to conclude that these were mere careless mistakes by the assessee without any intention to evade service tax. They fall within the scope of reasonable cause for failure the cause being ignorance or lack of due care. Therefore, the case falls within the mischief of Section 80 of the Finance Act, 1994. - No penalty - AT
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